DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 2/20/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the Lovin reference provides for varying the impedance value L1 of one inductor 21 A in order to vary the sum L1+L2of the impedances of both inductors 21A, 21B, and not for selectively cutting off the electrical current flow in one of the inductors, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Since the Lovin reference can vary the impedances, it is considered capable of cutting off the electrical current flow in one of the inductors, and therefore reads on the claim.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “a fortiori for maintaining constant the total impedance of the electric circuit that gathers the welding electrodes, the power source, the radiofrequency generator and the power converter formed by said inductors, and thus for avoiding loss of energy due to phenomenon of resonance frequency detuning”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means,” and therefore are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“drive means” in claims 7 and 8. The specification discloses that the corresponding structure in paragraph 0032-33, which recites that “[0031] The clamping member 2 further comprises a drive means 14 arranged to produce a movement and transmit it to said clamping element 13. In a particular embodiment, the drive means 14 is configured to linearly displace the clamping element 13.[0032] For example, the drive means 14 is an electric motor coupled to a worm screw. Alternatively, the drive means may be a linear stepper motor, a DC or AC motor, a brushless motor, or a pneumatic or hydraulic cylinder.”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“clamping member” in claim 1. The claim further recites “a welding head” formed by “a first electrode” and “a second electrode”. However, none of these structures performed the clamping function, which the specification discloses is performed by the bearing element, the clamping element, and drive means (all of which are also a means plus function element that can be a number of structures) See especially Figure 3.
“electric current flow control element” in claim 1. The specification discloses that the corresponding structure in paragraph 0053, which recites that “[0053] The electrical current flow control element 26 is, for example, an electrical relay or an electromechanical switch configured to open and close the contactors of an electrical circuit.”
“control unit configured to control” in claim 3, 4, 5. The specification discloses that the corresponding structure in paragraph 0066, which recites that “[0066] The control unit 9 is in the form of an electronic and computer system which includes, for example, a microprocessor designed to execute a control program. Execution of this program enables the control unit 9 to control the welding device 1 according, for example, to the impedance of the electrical circuit formed by the electrodes 3,4, the power source 5, the radio- frequency generator 7 and the power converter 8.”
“bearing element” in claim 6 and “clamping element” in claim 6 and 7. The specification and figures discloses in paragraphs 0028-29 and Figure that “[0028] Referring to figure 3, the clamping member 2 of the device 1 for welding comprises a welding head having a bearing element 12 with the first electrode 3 and a clamping element 13 with the second electrode 4, movable relative to the bearing element 12.[0029] The clamping element 13 is movable between an open position in which a flexible tube placed between the two electrodes 3,4 is undeformed, a clamping position in which a flexible tube placed between the two electrodes 3,4 is obturated and a welding position in which a flexible tube placed between the two electrodes 3,4 is compressed. Between the obturating position and the welding position, additional pressure is applied to the flexible tube.” Figure 3 shows that the bearing element is a bearing, and that the clamping element is a clamping structure, i.e., a clamp.
“elastic element” in claim 8. The specification discloses that the corresponding structure is a compression spring in paragraph 0033, which recites that “an elastic element 15, such as a compression spring”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” (or a generic placeholder) but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“welding member” in claim 1. The claim further recites “comprising a radio-frequency generator and a radio-frequency power converter”, which is sufficient structure to provide the welding function.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Delcon (WO 2016079702 A1) and Lovin (US 5427645 A).
As to claim 1, Delcon (all figures, entire specification) discloses a device (see all figures) for welding a flexible tube by radio frequency (“an apparatus 100 for radio frequency welding of a tube 200”) comprising:
- a clamping member comprising a welding head formed by a first electrode and a second electrode (“a welding head 110 provided with a clamp with electrodes”; “a first electrode 114 and a second electrode 1 16, for example made of brass”),
- a power source (“electric power unit 102”) configured to supply electrical energy to the welding device (“the electric power unit 102 is configured to power electrically the control board 104, the RF generator module 106, the high-voltage inductor 108 and the welding head 110.”; “the electric power unit 102 can be, for example in the case of a portable apparatus 100, a pack of batteries/accumulators, which can supply at exit a voltage in a range of 22V-30V (DC) or, in other implementations, for example in the case of a benchtop apparatus 100, the power can be at a fixed value, for example 24V, arriving from a voltage transformer/ adaptor connected to an electric network.”), and
- a welding member (made of elements 106 and 108) comprising a radiofrequency generator (“RF generator module 106”) and a radiofrequency converter (“high-voltage inductor 108”; “the high- voltage inductor 108 can be configured to transform the power of the RF signal generated at exit from the RF generator module 106 into a high-voltage RF signal”), said first and second electrodes, said energy source, said radiofrequency generator, and said energy converter forming an electrical circuit between them having an impedance, said energy converter (“high-voltage inductor 108”) including at least two inductors (page 11, lines 25-26: “the high-voltage inductor 108 can have a double high-voltage coil, which can supply a higher voltage thrust (see also fig. 14)”).
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However, Delcon does not disclose the full limitation of including at least two inductors connected in series with the first and second electrodes of the welding member and an electric current flow control element configured to cut off the flow of said electric current in one of the inductors so as to maintain the impedance of the electric circuit constant during welding.
However, Lovin discloses including at least two inductors connected in series with the first and second electrodes of the welding member and an electric current flow control element configured to cut off the flow of said electric current in one of the inductors so as to maintain the impedance of the electric circuit constant during welding. Lovin teaches two inductors, L1 and L2, and an autotransformer which is element for controlling the flow of electric current (26) configured to cut off the flow of said electric current in one of the inductors (24, 25) so as to keep the impedance of the electrical circuit constant during welding. See column 9, lines 29-64, disclosing (see original text for formulas):
As shown in FIG. 2, the matching circuit 21 can be modelled as a first inductor L.sub.1 21A and a second inductor L.sub.2 21B connected together in series at a node. This node corresponds to the input terminal 23A of the jaw circuit. The total jaw circuit impedance Z.sub.21 and input impedance Z.sub.12 are related according to the following expression:
Z.sub.12 =Z.sub.21 [L.sub.1.sup.2 /(L.sub.1 +L.sub.2).sup.2 ](2)
Consequently, whereas the summation of L.sub.1 and L.sub.2 control the resonant operation of the jaw circuit by controlling the impedance of the matching circuit, the size of L.sub.1 in relation to the sum (L.sub.1 +L.sub.2) determines the degree of impedance matching between the signal generating means and the jaw circuit. In one embodiment, L.sub.1 and L.sub.2 can be provided by an autotransformer having an adjustable tap point for controlling the size of L.sub.1 in relation to (L.sub.1 +L.sub.2). In this embodiment the tap point is connected to the input terminal 23A.
Since the signal generating means 18 is properly terminated at the jaw circuit 20, no portion of the incident RF signal will be reflected back towards the RF generator 19 and the energy transferred will be maximized. Although this ideal situation is difficult to achieve, it is possible to reduce the portion of reflected power by minimizing the signal reflection coefficient .rho. at the input terminal 23A. The signal reflection coefficient .rho. is defined by the relation:
(20) .rho.=(Z.sub.12 -Z.sub.0)/(Z.sub.12 +Z.sub.0) (3)
where Z.sub.0 is the characteristic impedance of the signal line 18A. The reflection coefficient .rho. can be minimized by adjusting L.sub.1 according to equation (2) so that the jaw circuit input impedance Z.sub.12 equals the characteristic impedance of the signal line Z.sub.0, for a given Z.sub.21.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized including at least two inductors connected in series with the first and second electrodes of the welding member and an electric current flow control element configured to cut off the flow of said electric current in one of the inductors so as to maintain the impedance of the electric circuit constant during welding in order to reduce the portion of reflected power by minimizing the signal reflection coefficient at the input terminal as taught by Lovin.
As to claim 2, Delcon discloses further comprising an energy adapter (“CPU-RF interface card 105”) configured to adapt the energy produced by the power source to the radio frequency generator. See page 11, lines 16-19, disclosing “The RF generator module 106 is connected to the CPU-RF interface card 105 and this is connected to the control board 104. The control board 104 in turn receives power from the battery pack power unit 102 and directs it to the RF generator module 106, passing through the CPU-RF interface card 105.”
As to claim 3, Delcon discloses further comprising a control unit (control board 104) configured to control at least the clamping member, the power source and the welding member. See page 7, line xx to page 8, line 20, disclosing:
According to possible implementations, the control board 104 can include a central processing unit (CPU) 104a, an electronic memory 104b, possibly an electronic database and auxiliary circuits (or I/O) (not shown). For example, the CPU 104a can be any type of controller, microcontroller, processor or microprocessor used in the field of control, automation and management of the work or computer cycle. The electronic memory 104b can be connected to the CPU 104a and can be one or more of those commercially available, such as a random access memory (RAM), read only memory (ROM), an erasable programmable memory (EPROM), an electrically erasable programmable ROM memory (EEPROM), floppy disk, hard disk, optical disks, CD-ROM, optical- magnetic disks, optical or magnetic cards, mass memory, solid-state memory cards or microcards or any other form of digital storage, local or remote. The software instructions and the data can be for example encoded and memorized in the electronic memory 104b to command the CPU 104a. The auxiliary circuits can also be connected to the CPU 104a to help the processor conventionally. The auxiliary circuits can include for example at least one of: cache circuits, feed circuits, clock circuits, input/output circuits, subsystems and suchlike. A program (or computer instructions) readable by the control board 104 can determine which tasks are performable according to a radio frequency welding method. In some forms of embodiment, the program is a software readable by the control board 104. The control board 104 can include a code to generate and memorize information and data introduced or generated during the radio frequency welding method.
According to possible forms of embodiment, the control board 104 can be configured to manage the whole welding cycle according to a radio frequency welding method. The CPU 104a mounted on the control board 104 can verify the state of the apparatus 100 during the welding process, from when the operator starts the welding until the end.
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Fig. 7c is used to describe forms of embodiment of the apparatus 100, in which the control board 104 is included in the handle 124 on which the activation button 126 is mounted, and from the end of which a power cable 122 extends, for connection to the power unit 102. At the end of the handle 124 there is also a connector 129 for connection to a computer, for example by the data connection conversion module 109. The welding head 1 10 is mounted protruding from the front of the casing 125 and is attached to the RF generator module 106 and to the dissipater 127 (fig. 7c). The RF generator module 106 also includes inside it the CPU-RF interface card 105 and the high-voltage inductor 108. The casing 125 and the handle 124 are formed by two half-shells, connected to each other by screws and nuts 121, which once connected have the appearance of a pistol.
As to claim 4, Delcon discloses a control unit, but does not disclose the control unit being configured to activate the electric current flow control element in the event of a resonant frequency detuning during welding, in order to switch off one of the inductors.
However, Lovin would make obvious that the control unit being configured to activate the electric current flow control element in the event of a resonant frequency detuning during welding, in order to switch off one of the inductors. Lovin teaches an autotransformer which is an electric current flow control element in the event of a resonant frequency detuning during welding, in order to switch off one of the inductors. See column 9, lines 29-64, disclosing (see original text for formulas):
As shown in FIG. 2, the matching circuit 21 can be modelled as a first inductor L.sub.1 21A and a second inductor L.sub.2 21B connected together in series at a node. This node corresponds to the input terminal 23A of the jaw circuit. The total jaw circuit impedance Z.sub.21 and input impedance Z.sub.12 are related according to the following expression:
Z.sub.12 =Z.sub.21 [L.sub.1.sup.2 /(L.sub.1 +L.sub.2).sup.2 ](2)
Consequently, whereas the summation of L.sub.1 and L.sub.2 control the resonant operation of the jaw circuit by controlling the impedance of the matching circuit, the size of L.sub.1 in relation to the sum (L.sub.1 +L.sub.2) determines the degree of impedance matching between the signal generating means and the jaw circuit. In one embodiment, L.sub.1 and L.sub.2 can be provided by an autotransformer having an adjustable tap point for controlling the size of L.sub.1 in relation to (L.sub.1 +L.sub.2). In this embodiment the tap point is connected to the input terminal 23A.
Since the signal generating means 18 is properly terminated at the jaw circuit 20, no portion of the incident RF signal will be reflected back towards the RF generator 19 and the energy transferred will be maximized. Although this ideal situation is difficult to achieve, it is possible to reduce the portion of reflected power by minimizing the signal reflection coefficient .rho. at the input terminal 23A. The signal reflection coefficient .rho. is defined by the relation:
(20) .rho.=(Z.sub.12 -Z.sub.0)/(Z.sub.12 +Z.sub.0) (3)
where Z.sub.0 is the characteristic impedance of the signal line 18A. The reflection coefficient .rho. can be minimized by adjusting L.sub.1 according to equation (2) so that the jaw circuit input impedance Z.sub.12 equals the characteristic impedance of the signal line Z.sub.0, for a given Z.sub.21.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized disclose the control unit being configured to activate the electric current flow control element in the event of a resonant frequency detuning during welding, in order to switch off one of the inductors in order to enable control as in Delcon in order to reduce the portion of reflected power by minimizing the signal reflection coefficient at the input terminal as taught by Lovin.
As to claim 5, Delcon discloses that the control unit being configured to emit a signal in the event of a missing flexible tube. See page 17, line 31 to page 18, line 6 as well as page 19, lines 9-12, disclosing:
Furthermore, in some forms of embodiment, which can be combined with all the forms of embodiment described here, one or more sensor members can be provided, able to detect the presence of the tube 200 in the clamp 112.
For example, in possible implementations, the one or more sensor members able to detect the presence of the tube 200 in the clamp 112 can include a pair of micro switches 178 of the mechanical type, able to signal the presence of the tube 200, mounted on a support frame 180. According to possible implementations, the first electrode 114, which functions as the hot electrode, can be shaped with a leveled upper face 114b, facing toward the second electrode 116, from which a tooth 114d projects, similar to the tooth 1 16d described with reference to fig. 7b, and leveled lateral faces 1 14c.
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…Furthermore, in possible implementations, the one or more sensor members able to detect the presence of the tube 200 in the clamp 112 can be a pair of optical sensors 188 able to signal the presence of the tube 200 and mounted on a support plate 190.
As to claim 6, Delcon discloses that the welding head comprising a bearing element (such as electrode support structure 174) with the first electrode and a clamping element (clamp 112) with the second electrode, said clamping element being movable relative to the bearing element. See for example, column 17, lines 16-28, disclosing:
Fig. 11 is used to describe forms of embodiment of a welding head 110 that can be used for example in forms of embodiment described using figs. 9 and 10. The welding head 1 10 includes a clamp 112 provided with a first electrode 114 and a second electrode 1 16. The welding head 1 10 can be provided with a clamping ring 172 with bayonet-type clamping seatings 173, to connect to the remaining part of the apparatus 100. The welding head 110 can also include an electrode support structure 174, which supports the second electrode 1 16 and is provided with positioning seatings 176 to house the tube 200 during welding. The second electrode 116 can be clamped to the electrode support structure 174, by a screw 132 also usable to adjust its planarity and alignment with respect to the first electrode 114. Pins 170 to hold the tube can also be provided, able to hold the tube in the positioning seating 176 during welding, and prevent it from coming loose.
As to claim 7, Delcon discloses the clamping member further comprising a drive means (drive member 103) for linearly displacing the clamping element. See page 11, line 8 to page 12, line 15, disclosing:
Figs. 5, 6, 7, 7a, 7b, 7c and 8 are used to describe a pistol-type portable apparatus 100, or parts thereof, provided with a handle or stock 124, a containing casing or shell 125, and an activation button 126 by means of which to start the welding cycle. The apparatus 100 described using figs. 5 and 6 includes, inside the containing casing 125, the battery pack power unit 102, the control board 104, a CPU-RF interface card 105, the RF generator module 106, the high- voltage inductor 108, in this case contained in and belonging to the RF generator module 106, a conversion module for data connection 109 and the welding head 110. The RF generator module 106 is connected to the CPU-RF interface card 105 and this is connected to the control board 104. The control board 104 in turn receives power from the battery pack power unit 102 and directs it to the RF generator module 106, passing through the CPU-RF interface card 105. Finally, the control board 104 is connected to the conversion module for data connection 109, usable to exchange data with a computer. The RF generator module 106 transmits the radio frequency signal generated to the high- voltage inductor 108. The high-voltage inductor 108 can include at least a high-voltage coil 108a and a coil support 108c, for example made of acetal resin, such as Delrin, or Teflon. In this specific case, the high-voltage inductor 108 can have a double high-voltage coil, which can supply a higher voltage thrust (see also fig. 14). The high-voltage inductor 108 therefore supplies the signal to the welding head 110, in this case too provided with a hot first electrode 1 14 and a cold second electrode 1 16, mobile linearly with respect to each other, for example using a drive member 103 provided with a drive shaft 101. According to some forms of embodiment, which can be combined with all the forms of embodiment described here, the drive member 103 can be a motor provided with an intrinsically linear movement actuator or can be configured to convert a circular movement into a linear movement. The conversion can commonly be made using types of conversion mechanisms, for example screw actuators, ball screw actuators and roll screw actuators. A drive member 103 as used in association with the forms of embodiment described here can be a drive member chosen from a group comprising: an electric motor, a step electric motor, a magnetic motor, a linear axle with a motor, a linear motor, such as a mechanical linear motor, a piezoelectric linear motor, an electromagnetic linear motor, an electromechanical motor, an electromagnet. For example, motors can be provided that use electromagnetism and magnetic fields for interaction between a first part formed by electric coils and a second part formed by other electric coils, or by permanent or energized magnets or a conductor. In specific possible examples, the drive member can be configured as a linear motor, for example an induction linear motor, synchronous linear motor, brushless synchronous linear motor, homopolar linear motor, voice coil linear motor, tubular linear motor or also, as we said, a piezoelectric linear motor or an electromagnet.
As to claim 8, Delcon discloses the drive means being coupled to an elastic element (“pre-load springs 166, in this specific case two springs disposed opposite at the sides of the drive member 103”). See page 13, lines 15-32, disclosing:
The welding head 110 is also provided with the drive member 103, which can be, as we said, a step electric motor member, for example associated with a drive member support 154, for example made of nickel-plated aluminum. The drive member 103 has a drive shaft 101 which can be extended and retracted along a linear travel. The drive member 103 can be clamped to the drive member support 154 by pins or screws 164, for example steel, and nuts 168, also for example made of steel. In some forms of embodiment, which can be combined with all the forms of embodiment described here, the drive member 103 is associated with one or more elastic pre-load members, for example hereafter pre-load springs 166, in this specific case two springs disposed opposite at the sides of the drive member 103. The pins 164 and nuts 168 can also be provided to clamp the preload springs 166. The pre-load springs 166 are compressed when the drive member 103, after it has caused the electrodes 114, 116 to draw near to the tube 200, retreats due to the resistance of the tube 200. However, when the latter collapses following the start of the radio frequency, the pre-load springs 166, no longer meeting the resistance of the tube 200, extend again and thus make the drive member 103 move forward, supplying the necessary compression thrust during welding. An anti-rotation pin 156 can be provided, for example made of steel, to prevent the rotation of the lower thrust bushing 140. A magnet 158, for example neodymium, can be located on the anti-rotation pin 156 and configured to signal an end-of-travel of the lower thrust bushing 140, if the drive member 103 were to lose its number of revs. A magnetic sensor 160 is provided, able to cooperate with the magnet 158, to signal the end-of-travel at end of welding. A welding head support 162, for example in aluminum, is provided to attach the welding head to the RF generator module 106 and to a dissipater 127 (fig. 7c). The welding head support 162 can be connected to the drive member support 154 by the pins 164. The magnetic sensor 137 to signal the presence of the cap 130 can be disposed on the welding head support 162.
See also figure 8, below, showing springs 166:
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As to claim 9, Delcon discloses the power source being a battery removably integrated in the welding device. See page 7, lines 20-22; page 9, lines 4-6; page 15, lines 14-17, disclosing:
According to possible implementations, the electric power unit 102 can be, for example in the case of a portable apparatus 100, a pack of batteries/accumulators, which can supply at exit a voltage in a range of 22V-30V (DC) or, in other implementations, for example in the case of a benchtop apparatus 100, the power can be at a fixed value, for example 24V, arriving from a voltage transformer/ adaptor connected to an electric network.
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low battery signal, in the case of an electric power unit 102 with a battery pack, which informs the user that the battery needs recharging before continuing welding.
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Fig. 7c is used to describe forms of embodiment of the apparatus 100, in which the control board 104 is included in the handle 124 on which the activation button 126 is mounted, and from the end of which a power cable 122 extends, for connection to the power unit 102.
Delcon recites “a power cable 122 extends, for connection to the power unit 10”, which suggests that the power unit is replicable due to the connection, and also discloses “recharging” the battery. Thus, Delcon appears capable of replacing the battery and discloses the power source being a battery removably integrated in the welding device
As to claim 10, Delcon does not disclose that the first electrode being rotatable relative to a rod of the clamping member, said rod being placed parallel to the axis of the flexible tube to be welded. However, making parts adjustable and changes in size and shape is often obvious. MPEP 2144.04 In this case, making the first electrode being rotatable relative to a rod of the clamping member, said rod being placed parallel to the axis of the flexible tube to be welded would have been an adjustment and change in size and shape of the Delcon structures.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized the first electrode being rotatable relative to a rod of the clamping member, said rod being placed parallel to the axis of the flexible tube to be welded because making parts adjustable and changes in size and shape is often obvious.
As to claim 11, Delcon discloses further comprising an actuator for operating the welding device, said actuator comprising a button assembly formed by a button part (“an activation button 126 by means of which to start the welding cycle.”)
Delcon does not disclose two push buttons operable via a blade arranged between the push buttons and the button part.
However, making parts separable, duplication of parts, rearrangement of parts, and changes in size/shape are often obvious. MPEP 2144.04. In this case, selecting a button assembly that includes two push buttons operable via a blade arranged between the push buttons and the button part would have been an example of making parts separable, duplication of parts, rearrangement of parts, and changes in size/shape.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized two push buttons operable via a blade arranged between the push buttons and the button part because making parts separable, duplication of parts, rearrangement of parts, and changes in size/shape is often obvious.
Claim(s) 9 is/are alternatively rejected under 35 U.S.C. 103 as being unpatentable over Delcon (WO 2016079702 A1) and Lovin (US 5427645 A) as applied to claims 1-11 above, and further in view of Jansson (US 20190240922 A1).
As to claim 9, Delcon suggests the power source being a battery removably integrated in the welding device. See page 7, lines 20-22; page 9, lines 4-6; page 15, lines 14-17, disclosing:
According to possible implementations, the electric power unit 102 can be, for example in the case of a portable apparatus 100, a pack of batteries/accumulators, which can supply at exit a voltage in a range of 22V-30V (DC) or, in other implementations, for example in the case of a benchtop apparatus 100, the power can be at a fixed value, for example 24V, arriving from a voltage transformer/ adaptor connected to an electric network.
…
low battery signal, in the case of an electric power unit 102 with a battery pack, which informs the user that the battery needs recharging before continuing welding.
…
Fig. 7c is used to describe forms of embodiment of the apparatus 100, in which the control board 104 is included in the handle 124 on which the activation button 126 is mounted, and from the end of which a power cable 122 extends, for connection to the power unit 102.
Delcon recites “a power cable 122 extends, for connection to the power unit 10”, which suggests that the power unit is replicable due to the connection, and also discloses “recharging” the battery. Thus, Delcon appears capable of replacing the battery.
However, Delcon never explicitly discloses that the power source being a battery removably integrated in the welding device
In any event, Jannson clearly discloses suggests the power source being a battery removably integrated in the welding device. See paragraph 0020, disclosing:
[0020] FIG. 2 illustrates a cordless welding apparatus comprising two parts, a first unit in the form of a power unit 5 with a battery pack, and a second unit in the form of a welder 4. The power unit is inserted in a slot in the handle 6 of the apparatus. As mentioned in the background of course power can be obtained from the grid as well, or any other external source, although from a user perspective the cordless embodiment with a battery pack in the handle is preferred.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the filing of the invention to have utilized that the power source being a battery removably integrated in the welding device because Jannson recognizes that from a user perspective the cordless embodiment with a battery pack in the handle is preferred.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/GEORGE R KOCH/Primary Examiner, Art Unit 1745
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